SF 2151

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juvenile crime; authorizing the 
  1.3             prosecution of certain juvenile offenses in adult 
  1.4             court without a court ruling; amending Minnesota 
  1.5             Statutes 1996, sections 260.111, subdivision 1a; and 
  1.6             260.125, subdivision 3a, and by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 260.111, 
  1.9   subdivision 1a, is amended to read: 
  1.10     Subd. 1a.  [NO JUVENILE COURT JURISDICTION OVER CERTAIN 
  1.11  OFFENDERS.] (a) Notwithstanding any other law to the contrary, 
  1.12  the juvenile court lacks jurisdiction over proceedings: 
  1.13     (1) concerning a child excluded from the definition of 
  1.14  delinquent child under section 260.015, subdivision 5, paragraph 
  1.15  (b); and 
  1.16     (2) in which a prosecutor, pursuant to section 260.125, 
  1.17  subdivision 1a, files charges or seeks an indictment against the 
  1.18  child in district court. 
  1.19     (b) The district court has original and exclusive 
  1.20  jurisdiction in criminal proceedings concerning a child excluded 
  1.21  from the definition of delinquent child under section 260.015, 
  1.22  subdivision 5, paragraph (b) in which the juvenile court lacks 
  1.23  jurisdiction under paragraph (a). 
  1.24     Sec. 2.  Minnesota Statutes 1996, section 260.125, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 1a.  [PROSECUTOR'S OPTION TO PROCEED IN DISTRICT 
  2.1   COURT.] (a) A prosecutor may directly file charges or seek an 
  2.2   indictment in district court in a case alleging that a child who 
  2.3   was 16 or 17 years of age at the time of the alleged offense 
  2.4   committed a violation of: 
  2.5      (1) section 609.19 (second-degree murder), 609.25 
  2.6   (kidnapping) when the victim suffers great bodily harm or is not 
  2.7   released in a safe place, 609.2661 (first-degree murder of an 
  2.8   unborn child), 609.2662 (second-degree murder of an unborn 
  2.9   child), 609.342 (first-degree criminal sexual conduct), 609.561, 
  2.10  subdivision 1 or 2 (first-degree arson of a dwelling or with 
  2.11  possibility of another's presence), 609.687 (adulteration) if 
  2.12  the offense causes death, attempted first-degree murder, 
  2.13  attempted second-degree murder, conspiracy to commit 
  2.14  first-degree murder, or conspiracy to commit second-degree 
  2.15  intentional murder; or 
  2.16     (2) section 609.562 (second-degree arson), 609.563 
  2.17  (third-degree arson), 609.582, subdivision 1, 2, or 3 (first-, 
  2.18  second-, and third-degree burglary), 609.595, subdivision 1 or 
  2.19  1a (first- and second-degree criminal damage to property), or 
  2.20  any felony violation of section 609.52 (theft) or section 609.53 
  2.21  (receiving stolen property); if the child has been adjudicated 
  2.22  delinquent or has had a continuance ordered under section 
  2.23  260.185, subdivision 3, for four or more prior felony offenses. 
  2.24     (b) Cases that are in district court pursuant to this 
  2.25  subdivision must be prosecuted in accordance with the laws and 
  2.26  court procedures controlling adult criminal violations and, 
  2.27  following the filing of a complaint or an indictment in district 
  2.28  court, shall proceed without the jurisdiction of the juvenile 
  2.29  court ever attaching. 
  2.30     Sec. 3.  Minnesota Statutes 1996, section 260.125, 
  2.31  subdivision 3a, is amended to read: 
  2.32     Subd. 3a.  [PRIOR CERTIFICATION; EXCEPTION.] 
  2.33  Notwithstanding the provisions of subdivisions 2, 2a, and 2b, 
  2.34  the court shall order a certification in any felony case if the 
  2.35  prosecutor shows that the child has been previously prosecuted 
  2.36  on a felony charge in district court pursuant to subdivision 1a 
  3.1   or by an order of certification issued pursuant to either a 
  3.2   hearing held under subdivision 2 or pursuant to the waiver of 
  3.3   the right to such a hearing, other than a prior certification in 
  3.4   the same case. 
  3.5      This subdivision only applies if the child is convicted of 
  3.6   the offense or offenses for which the child was prosecuted 
  3.7   pursuant to the order of certification or of a lesser-included 
  3.8   offense which is a felony.  
  3.9      This subdivision does not apply to juvenile offenders who 
  3.10  are subject to criminal court jurisdiction under section 609.055.
  3.11     Sec. 4.  [EFFECTIVE DATE.] 
  3.12     Sections 1 to 3 are effective August 1, 1998, for offenses 
  3.13  committed on or after that date.